Legal Question in Workers Comp in Illinois

What rights do I have when it comes to seeing mutiple doctors for IME's?

I have seen the dr that the company referred me to, to no surprize, he said that I was not injured badly enough to require any extensive treatment. (this was two years ago) I have had two scopes and pt for quite some time.

After the second surgery, my dr said that he was stumped and needed a second opinion.

Why do I need to go through another IME appointment with a new dr? I am supposed to have two dr's of my choice, but they have told me that they did not approve of my second choice and that I now need to see a 5th dr. (I have had 2, and seen 2 now through W/C)

At what point in time does this become an issue, I have fully complied with everything else up to this point and get the distinct impression that if the W/C carrier doesn't like this result, that I will be told that I need another eval.

Any treatments take forever to get approved, and this has dragged out for two+ years.


Asked on 8/07/06, 5:43 pm

1 Answer from Attorneys
Matt Belcher Belcher Law Office

Re: What rights do I have when it comes to seeing mutiple doctors for IME's?

I think I understand your frustration but I would recommend that you consult with an attorney in person or by telephone because there are too many variables in your situation.

You have the right to see two different groups of doctors.

Each time a doctor refers you to another doctor that is still "one" group of doctors.

The insurance company has the right to have you examined by an independent medical examiner - whenever it is reasonable. What is reasonable is for an arbitrator to decide.

Your doctor's opinion is generally given more weight than the IME doctor.

Therefore - if your doctor has the opinion that your condition is related to your work injury then the insurance company must provide medical treatment and compensate for your permanent injury.

If your doctor does not know what caused your injury and the IME doctor says that your condition is not work related - you are going to have a problem with getting compensation.

Feel free to call me if you need more information,

Matt Belcher

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Answered on 8/07/06, 6:02 pm


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